property rights

The Sequatchie River forms the eastern border of our property. It floods every spring. Any boats or canoes that wash up on my property I can claim as salvage. But first I have to contact TWRA and give them a chance to find the rightful owner. If after a certain period of time they can't find the owner, I can keep it as my own.

Pooh Bear

It would be hard to establish anyone legally "abandons" anything regardless of the passage of time on his own property (Im NOT saying yet if it was his or yours).

Next, Surveys are merely expert opinions concening property boundaries and ONLY the common law and state statutes and the Courts can be used to legally set a boundary location in the event of a dispute. In the event of litigation, surveyors could be called in to render expert opinions, but when all is said n done the law and Courts will decide. Indiana has a provision in boundary disputes where one party can arrange for a "legal survey" and provide the proper notioce to the neighbor and if they dont object or get their own expert survey the boundary might??? become LEGAL by a order of the Court.

I can tell ya for sure (the law of adverse possession) if an old existing fence line has been in place for years and BOTH neighbors treated and used it as the boundary IT IN EFFECT HAS RIPENED INTO THE LEGAL BOUNDARY REGAARDLESSSSS SSSSS SSSSS of what any surveys or surveyors may claim..... When doing a survey the surveyor would locate n identify fence lines on his plat and show what the legal description says (in his opinion) the boundaries are buttttt tt that DOES NOT MAKE IT THE "LEGAL" BOUNDARY

i.e. if theres an old and used for years fence line/boundary between you n your neighbor no matter what a new survey would show (like hes on you 20 feet or youre on him 20 feet) THAT FENCE LINE ISSSSS SSSS THE BOUNDARY PERIOD

Sooooo o Id be reluctant to advise you that tractor has somehow now legally became your property, theres too many legal questions n issues concerning boundaries and abandonment and intent etc etc for me to say and besides no lawyer or the litigants get to decide those issues anyway, thats reserved for the Court.

Id say best to just go n ask for it and theres a good chance he will give it to you. If you get too smart or just try n take it or go down the legal road he may take a defensive posture and youll never get it plus incur legal fees in fighting over a boundary on n on n on lol

best wishes God Bless, Yall have a happy new Year

Ol John T (Country Lawyer n retired Engineer)

Is there or was there ever a fence there?

Regardless of what the surveyor found, many states have a "fence law" I have seen in Nebraska the "squatter" retain possession of the land because he had had it fenced for a period exceeding 7 years.

I am not a Lawyer so I can't advice you of you rights If it is fenced better check your states fence laws and on the tractor seek legal advice on your states right to abandoned personal property.

I agree with the others if this is a neighbor you have to live next to it would be better to discuss this with them before acting on it.

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